Can I Obtain a Passport if I Have a Felony?

Posted on Mar 10, 2020 8:35am PDT

It’s safe to say that most Americans travel abroad at some point
in their lives. Whether it’s a cruise, a European vacation, a trip
across the border to our neighbors Canada or Mexico, or a honeymoon to
some exotic tropical island, it’s an American pastime to travel
overseas. And then you have those who travel for work, lots of people
have to travel abroad for their jobs.

If you were convicted of a felony in the past, you may have had a lot of
conditions imposed upon you. You may have been told not to contact the
victims of your crime. You may have been told that you can’t leave
the county or the state. You may have been prohibited from visiting certain
places or contacting certain types of people with criminal backgrounds.
So, now that you’ve completed your sentence, are you prohibited
from obtaining a U.S. passport?

Most Felons Won’t Have a Problem

Federal law does stipulate under what conditions a U.S. citizen will be
denied a U.S. passport. In most circumstances, a convicted felon will
not have any issues obtaining a U.S. passport. This is because like driver
licenses, passports are simply identification documents; they don’t
contain people’s criminal record information. Instead, a U.S. passport
states that you are a citizen of the United States as opposed to any other country.

Under federal law, U.S. citizens are barred from receiving passports under
the following circumstances:

The person was convicted of drug trafficking and they went to another country
to commit the crime.

The person is under a felony-related subpoena.

The person is under federal arrest.

The person has been forbidden to leave the country because of probation,
parole, or court order.

The person is currently serving time in prison or under a federal release
program that is designed for felons who have been convicted of certain
drug crimes, such as possession or distribution.

All individuals who are in arrears of $2,500 or more in child support,
whether they have criminal records or not, will be denied a U.S. passport.
“If you owe $2,500 or more in
child support, you are not eligible to receive a U.S. passport. Pay your child support
arrears to the appropriate
state child support enforcement agency before applying for your passport,” according to
travel.state.gov.

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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.